General Terms of Use and Contracting
Last updated on: 09 April 2023
These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Touryapp (hereinafter, “Toury”), whose domain is https://touryapp.com/, and to its related mobile application, as well as to all its related sites or sites linked from https://touryapp.com/ by Toury. The site belongs to Toury. By using the site, you accept and expressly agree to these terms of use. If you do not agree, please refrain from using it.
Toury hereby makes the Toury website and mobile application (hereinafter, jointly, the “Platform”) available to users (hereinafter, the “User” or “Users”).
1. ObjectToury main activity is the development and management of a technology platform through which certain people in a number of territories can offer their tours by means of a mobile or web application on the platform (hereinafter, the “APP”).
Toury has developed a Platform through which a variety of people, with which Toury can have in place a commercial agreement for the use of the platform, offer their tours. Users can request the purchase of those tours in the Platform. Toury acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality and content of the tours.
2. Terms of UseBy accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting as well as to the Privacy Policy and the Cookie Policy.
3. User Access and Registration
In order to be a User of the Platform, it is essential that you meet the following requirements:
- Users must be at least 18 years of age.
- Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address.
- Users must agree to these Terms of Use and Contracting.
- Users must agree to the Privacy and Data Protection Policy.
- Users must agree to the Cookie Policy.
The User warrants that all the information regarding his/her identity and capacity provided to Toury in the registration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their details up to date.If a User provides any false, inaccurate or incomplete information or if Toury considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Toury may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Toury recommends that Users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, Toury will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.
Users are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms, the User grants Toury, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Toury, with or without any further communication to the User and without having to pay any amounts for such uses.
Toury cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Toury immediately, using the communication channels made available by Toury, if their credentials are stolen, disclosed or lost.
3.1 Profile
In order to complete their registration on the Platform, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. Toury does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these Terms and in the Privacy Policy.
3.2. Credit Card Theft or Appropriation
Since Toury cannot guarantee the identity of registered Users, Users are under an obligation to inform Toury if they have evidence that the credit card associated with their Toury profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Toury and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Toury of the missing card, Toury will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account. Toury suggests that Users report any theft, robbery or suspected misuse of their credit card to the police.
If necessary, Toury undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge. In the event of fraud, Toury reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the Site.
4. Operation of the Service.
If the price of the tour does appear on the Platform, the prices appearing on the Platform may be indicative as provided in Clause 6 of these General Terms and Conditions of Use of the Platform.
Users accept that according to the services contracted through the Toury platform, they can receive the invoices corresponding to the tour purchase.
5. Prices of the Services and Billing
Users can register for the Platform, and use it, free of charge, although this is subject to review by Toury at any time. Users may have to pay for certain services on the Platform as provided in these General Terms and Conditions of Use.
Toury will charge the User a service fee for the use of our Platform in order to continuously improve our overall services, and continuously improving our user experience, among others.
The amount of the service fee can be fixed or variable according to the value of the tours. Toury sets the service and makes it visible to Users at the moment of the checkout of every order.
This service fee will be charged against the credit card that you have selected for the payment of the order.
In addition, for services that include the purchase of a tour, the User must pay the price of such tour. By registering through the Platform and providing the required bank details, Users expressly authorise Toury to issue receipts for payment of the services requested, including the price of the tour ordered.
In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it.
The fee may include tips for the person who upload the tour to the platform, whose amount shall be solely and entirely at the User’s discretion.
Toury reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication. The User expressly authorises Toury to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before placing the order.
6. Price of the Products and/or Services Appearing on the Platform
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 5 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
7. Price and Payment Method
The User may pay for the tours and/or services by credit card. In order to pay with a credit card, the User must provide the card details through the platform as a payment method associated with his/her account. Toury does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Toury’s behalf. Users paying by credit card will incur no additional charges for choosing this payment method.
If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.
8. Geolocation
Toury may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Toury to show Users the or the available tours for the city where the Users are located, or the location of the points of a certain tour. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.
9. The User’s Obligations
Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.
Users are responsible for correctly entering their individual usernames and passwords, which are non-transferable and must be sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the Platform.
Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.
Toury may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Toury will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
- To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
- To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
- To refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image;
- To refrain from accessing other Users’ e-mail accounts;
- To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Toury’s or third parties’ contents or systems;
- To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
- To refrain from advertising goods or services without Toury’s prior consent.
Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform Toury of any abuse or infringement of these terms through the Contact Form. Toury will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, Toury reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
10. De-registration by Users
Users may de-register from the Platform using the Contact Form on the Platform.
11. Toury’s Responsibility
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to Toury using the contact channels made available to Users, and Toury will analyse the incident and instruct the User on how to resolve it as quickly as possible.
Toury does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.
Toury will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.
Toury accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
- The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
- A malfunction of the browser;
- The use of outdated versions thereof.
12. Liability for Contents
Toury does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. Toury does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.
Toury rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, Toury accepts no responsibility for the use of the Platform or for any orders that may be made by a third party from the User’s account.
Notwithstanding the foregoing, Toury reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Toury may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to Toury all exploitation rights arising from the contents thus supplied.
In addition, Toury reserves the right to decide on the algorithms and parameters applicable to the ranking of the people who upload the tours to the Platform and the tours that appear in the Platform, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics.
13. Liability for accidents while using the APP
Toury does not control (and is under no obligation to control) when Users use the APP. Toury rejects any liability for damages of any kind that may arise from Users or to Users, due to not being cautious with the surroundings. Nonetheless, Toury may alert Users before starting a tour, to pay attetion specially to people and cars when crossing the streets.
14. No Warranty in Assignments or Payments
Users state that they understand that TOURY is a technology platform whose main activity is intermediation; in other words, it puts Users and tours uploaded by other people in contact; and that it therefore accepts no liability arising from the information provided by who upload the tour.
Toury makes no assertions or confirmation regarding any people who upload the tour to the Platform or their identity or background information. Notwithstanding the foregoing, Toury may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of the people who upload the tour. In this regard, when a User achieves the status to upload tours, this simply indicates that the said User has completed the relevant registration process and has accepted these General Terms of Use and any other specific terms that may apply to him/her. Such status implies neither certification nor endorsement by Toury as to such User’s reliability, suitability and/or safety.
By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Toury.
15. Updates and Changes to the Platform
Toury reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Toury Platform.
In addition, Toury reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Toury does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Toury shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
16. Intellectual Property
Toury is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, navigation structure, information and contents included therein, are the property of Toury, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights.
In spite of the foregoing, Toury may not be the owner or licence holder of content such as names or images, among others, of companies with which Toury does not have a business relationship. In such cases, Toury acquires the content from publicly available sources, and Toury shall in no event be deemed to be related to any right belonging to Toury.
Authorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by Toury of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Toury Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Toury Platform for public or commercial purposes are also prohibited, save with Toury’s express written authorisation or, where applicable, that of the owner of the rights concerned.
Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing Toury from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to Toury, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.
17. Severability
If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.
18. Applicable Law
The relationship between Toury and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Spanish law; and any disputes shall be submitted to the Courts of Madrid unless the User requests that they be submitted to the courts applicable to his/her home address.
19. Alternative Dispute Resolution
Any disputes or disagreements arising outside the European Union shall be submitted to the Spanish Court of Arbitration of the Chamber of Commerce.
These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Touryapp (hereinafter, “Toury”), whose domain is https://touryapp.com/, and to its related mobile application, as well as to all its related sites or sites linked from https://touryapp.com/ by Toury. The site belongs to Toury. By using the site, you accept and expressly agree to these terms of use. If you do not agree, please refrain from using it.
Toury hereby makes the Toury website and mobile application (hereinafter, jointly, the “Platform”) available to users (hereinafter, the “User” or “Users”).
1. ObjectToury main activity is the development and management of a technology platform through which certain people in a number of territories can offer their tours by means of a mobile or web application on the platform (hereinafter, the “APP”).
Toury has developed a Platform through which a variety of people, with which Toury can have in place a commercial agreement for the use of the platform, offer their tours. Users can request the purchase of those tours in the Platform. Toury acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality and content of the tours.
2. Terms of UseBy accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting as well as to the Privacy Policy and the Cookie Policy.
3. User Access and Registration
In order to be a User of the Platform, it is essential that you meet the following requirements:
- Users must be at least 18 years of age.
- Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address.
- Users must agree to these Terms of Use and Contracting.
- Users must agree to the Privacy and Data Protection Policy.
- Users must agree to the Cookie Policy.
The User warrants that all the information regarding his/her identity and capacity provided to Toury in the registration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their details up to date.If a User provides any false, inaccurate or incomplete information or if Toury considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Toury may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Toury recommends that Users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, Toury will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.
Users are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms, the User grants Toury, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Toury, with or without any further communication to the User and without having to pay any amounts for such uses.
Toury cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Toury immediately, using the communication channels made available by Toury, if their credentials are stolen, disclosed or lost.
3.1 Profile
In order to complete their registration on the Platform, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. Toury does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these Terms and in the Privacy Policy.
3.2. Credit Card Theft or Appropriation
Since Toury cannot guarantee the identity of registered Users, Users are under an obligation to inform Toury if they have evidence that the credit card associated with their Toury profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Toury and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Toury of the missing card, Toury will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account. Toury suggests that Users report any theft, robbery or suspected misuse of their credit card to the police.
If necessary, Toury undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge. In the event of fraud, Toury reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the Site.
4. Operation of the Service.
If the price of the tour does appear on the Platform, the prices appearing on the Platform may be indicative as provided in Clause 6 of these General Terms and Conditions of Use of the Platform.
Users accept that according to the services contracted through the Toury platform, they can receive the invoices corresponding to the tour purchase.
5. Prices of the Services and Billing
Users can register for the Platform, and use it, free of charge, although this is subject to review by Toury at any time. Users may have to pay for certain services on the Platform as provided in these General Terms and Conditions of Use.
Toury will charge the User a service fee for the use of our Platform in order to continuously improve our overall services, and continuously improving our user experience, among others.
The amount of the service fee can be fixed or variable according to the value of the tours. Toury sets the service and makes it visible to Users at the moment of the checkout of every order.
This service fee will be charged against the credit card that you have selected for the payment of the order.
In addition, for services that include the purchase of a tour, the User must pay the price of such tour. By registering through the Platform and providing the required bank details, Users expressly authorise Toury to issue receipts for payment of the services requested, including the price of the tour ordered.
In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it.
The fee may include tips for the person who upload the tour to the platform, whose amount shall be solely and entirely at the User’s discretion.
Toury reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication. The User expressly authorises Toury to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before placing the order.
6. Price of the Products and/or Services Appearing on the Platform
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 5 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
7. Price and Payment Method
The User may pay for the tours and/or services by credit card. In order to pay with a credit card, the User must provide the card details through the platform as a payment method associated with his/her account. Toury does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Toury’s behalf. Users paying by credit card will incur no additional charges for choosing this payment method.
If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.
8. Geolocation
Toury may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Toury to show Users the or the available tours for the city where the Users are located, or the location of the points of a certain tour. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.
9. The User’s Obligations
Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.
Users are responsible for correctly entering their individual usernames and passwords, which are non-transferable and must be sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the Platform.
Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.
Toury may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Toury will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
- To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
- To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
- To refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image;
- To refrain from accessing other Users’ e-mail accounts;
- To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Toury’s or third parties’ contents or systems;
- To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
- To refrain from advertising goods or services without Toury’s prior consent.
Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform Toury of any abuse or infringement of these terms through the Contact Form. Toury will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, Toury reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
10. De-registration by Users
Users may de-register from the Platform using the Contact Form on the Platform.
11. Toury’s Responsibility
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to Toury using the contact channels made available to Users, and Toury will analyse the incident and instruct the User on how to resolve it as quickly as possible.
Toury does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.
Toury will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.
Toury accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
- The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
- A malfunction of the browser;
- The use of outdated versions thereof.
12. Liability for Contents
Toury does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. Toury does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.
Toury rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, Toury accepts no responsibility for the use of the Platform or for any orders that may be made by a third party from the User’s account.
Notwithstanding the foregoing, Toury reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Toury may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to Toury all exploitation rights arising from the contents thus supplied.
In addition, Toury reserves the right to decide on the algorithms and parameters applicable to the ranking of the people who upload the tours to the Platform and the tours that appear in the Platform, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics.
13. Liability for accidents while using the APP
Toury does not control (and is under no obligation to control) when Users use the APP. Toury rejects any liability for damages of any kind that may arise from Users or to Users, due to not being cautious with the surroundings. Nonetheless, Toury may alert Users before starting a tour, to pay attetion specially to people and cars when crossing the streets.
14. No Warranty in Assignments or Payments
Users state that they understand that TOURY is a technology platform whose main activity is intermediation; in other words, it puts Users and tours uploaded by other people in contact; and that it therefore accepts no liability arising from the information provided by who upload the tour.
Toury makes no assertions or confirmation regarding any people who upload the tour to the Platform or their identity or background information. Notwithstanding the foregoing, Toury may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of the people who upload the tour. In this regard, when a User achieves the status to upload tours, this simply indicates that the said User has completed the relevant registration process and has accepted these General Terms of Use and any other specific terms that may apply to him/her. Such status implies neither certification nor endorsement by Toury as to such User’s reliability, suitability and/or safety.
By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Toury.
15. Updates and Changes to the Platform
Toury reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Toury Platform.
In addition, Toury reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Toury does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Toury shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
16. Intellectual Property
Toury is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, navigation structure, information and contents included therein, are the property of Toury, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights.
In spite of the foregoing, Toury may not be the owner or licence holder of content such as names or images, among others, of companies with which Toury does not have a business relationship. In such cases, Toury acquires the content from publicly available sources, and Toury shall in no event be deemed to be related to any right belonging to Toury.
Authorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by Toury of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Toury Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Toury Platform for public or commercial purposes are also prohibited, save with Toury’s express written authorisation or, where applicable, that of the owner of the rights concerned.
Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing Toury from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to Toury, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.
17. Severability
If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.
18. Applicable Law
The relationship between Toury and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Spanish law; and any disputes shall be submitted to the Courts of Madrid unless the User requests that they be submitted to the courts applicable to his/her home address.
19. Alternative Dispute Resolution
Any disputes or disagreements arising outside the European Union shall be submitted to the Spanish Court of Arbitration of the Chamber of Commerce.